GQ Corner
Q. I had a claimant’s wife ask how long death benefits last. Her husband was killed on the job in November of 2017. Are death benefits never ending if there are no life altering changes?
A. Death benefits for a surviving spouse last until they remarry, if ever, or until their death, whichever comes first. See Rule 132.7(a). A spouse who remarries is entitled to a lump sum payment of two years’ worth of benefits. See Rule 132.7(b). However, if the decedent was a first responder, the surviving spouse will be entitled to death benefits until her death based on the date of her remarriage. See Rule 132.7(f).
Q. Can you please advise on this claim? The injured employee was on a break at the police department and decided to clean the microwave and burned his hand. He is on the patrol division but came in for a break to heat up his food. Would this be covered or deny for not being in course and scope?
A. I assume the claimant was on duty and was supposed to be at the police department at the time this incident occurred. If so, this will probably be a compensable injury.
Q. If we fail to timely pay an approved advance order do we owe interest on the late payment? The benefit hasn’t accrued since it’s an advance. Is it just a compliance issue if it’s late?
A. Rule 126.12 requires carriers to pay interest when they accrued during a period of dispute over the carrier’s liability or when you failed to pay them when they were due. So, if you failed to pay the order by the date that it was due, you owe interest for the time between when the payment was due and when it was actually paid.
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